Fourth Amendment - Arrests and Other Detentions

Question 1

Fourth Amendment - Seizure

Answer 1

• 4th Am provides that people should be free from unreasonable searches + seizures
• seizure = any exercise of control by gov agent over a person or thing -> must be reasonable under 4th Am

Question 2

Seizure - What Counts?

Answer 2

• occurs when a reasonable person would feel that they were not free to decline the officer’s requests or otherwise terminate the encounter
• judged based on the totality of the circumstances

Question 3

Arrests

Answer 3

• occurs when police take a person into custody against their will for purposes of criminal prosecution or interrogation
• probable cause requirement
• warrant generally not required in public places

Question 4

Arrest - Probable Cause

Answer 4

• arrests must be based on probable cause -> need trustworthy facts or knowledge sufficient for a reasonable person to believe that the suspect has committed or is committing a crime for which arrest is authorized by law
• based on the totality of the circumstances

Question 5

Station House Detentions

Answer 5

• in order to bring suspect to station for questioning or fingerprinting against the person’s will, police must have FULL probable cause for arrest

Question 6

Effect of Invalid Arrest

Answer 6

• an unlawful arrest, by itself, has no impact on any subsequent criminal prosecution

Question 7

Investigatory Detentions

Answer 7

• aka Terry Stops
• police have authority to briefly detain person even if they lack probable cause to arrest
• to detain for investigatory purposes, need reasonable suspicion of criminal activity or involvement in a completed crime
  -> must be supported by articulable facts (not mere hunch)
• may also frisk detainee for weapons IF reasonable suspicion that detainee is armed + dangerous

Question 8

Terry Stops - Reasonable Suspicion

Answer 8

• more than just vague suspicion
• BUT less than probable cause
• evaluated based on totality of the circumstances

Question 9

Investigatory Property Seizures

Answer 9

• similar to Terry stops, brief property seizures = valid if based on reasonable suspicion

Question 10

Reasonable Suspicion for Terry Stops - Informants

Answer 10

• when reasonable suspicion is based on an informant’s tip, there must be an indicia of reliability (including predictive info) to be sufficient

Question 11

Terry Stops - Duration and Scope

Answer 11

• not subject to a specific time limit
• police must act in a diligent and reasonable manner in confirming or dispelling their suspicions
• police may ask detained individual to identify themselves -> may arrest for failure to comply w/ this request
• may also arrest if during detention other probable cause for arrest arises

Question 12

Automobile Stops

Answer 12

• police may generally stop a car if they have at least reasonable suspicion to believe that a law has been violated

Question 13

Police Dogs

Answer 13

• during routine traffic stops, a dog sniff is not a search so long as the police don’t extend the stop beyond the time needed to issue a ticket or conduct normal inquiries
  -> during such traffic stops, a dog “alert” to presence of drugs can form basis for probable cause for a search
• BUT without probable cause, police cannot use a drug sniffing dog outside of the home of a suspected drug dealer

Question 14

Police Officer’s Mistake of Law

Answer 14

• doesn’t invalidate a seizure as long as the mistake was reasonable
• ex: mistakenly believing that a vehicle must have two working brake lights

Question 15

Automobile Stops - Seizure of Occupants

Answer 15

• auto stop constitutes seizure of all occupants, not just driver
• means passengers have standing to raise a wrongful stop as a reason to exclude evidence found during the stop

Question 16

Informational Checkpoints and Roadblocks

Answer 16

• if police set up roadblock for purposes other than seeking incriminating info about drivers stopped, roadblock = constitutional

If special law enforcement needs are involved, SCOTUS allows police to set up roadblocks to stop cars w/o individualized suspicion that driver violated law BUT to be valid, roadblock must:
- stop cars on basis of neutral, articulable standard AND
- be designed to serve purposes closely related to a particular problem pertaining to automobiles and their mobility

Question 17

Ordering Occupants Out of Vehicle

Answer 17

• “in interest of officer safety”, police are allowed to order occupants out of vehicle after lawfully stopping it
• if officer reasonably believes detainees are armed, officer may frisk occupants + search passenger compartment for weapons, even after officer has ordered occupants out

Question 18

Pretextual Stops

Answer 18

• if police have probable cause to believe driver violated traffic law, they may stop the car, even if their ulterior motive is to investigate a crime for which they lack sufficient cause to make a stop

Question 19

Other Detentions

Answer 19

• detention to obtain a warrant
• occupants of the premises
• grand jury appearance
• deadly force

Question 20

Detention to Obtain a Warrant

Answer 20

• if police have probable cause to believe that a suspect has hidden drugs in their home, they may, for a reasonable time, prevent the suspect from going into the home unaccompanied so that they can prevent the suspect from destroying the drugs while they obtain a search warrant

Question 21

Occupants of the Premises - Detention

Answer 21

• valid warrant to search for contraband allows police to detain occupants of premises during a proper search

Question 22

Grand Jury Appearance

Answer 22

• seizure of a person (by subpoena) for a grand jury appearance is not w/in Fourth Amendment’s protection

Question 23

Deadly Force - Detention

Answer 23

• there is a 4th Am seizure when a police officer uses deadly force to apprehend a suspect
• officer may not use deadly force unless it is reasonable to do so under the circumstances (ex: suspect poses danger to own life or lives of others)